[Federal Register Volume 89, Number 34 (Tuesday, February 20, 2024)]
[Notices]
[Pages 12940-12942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-03328]


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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2023-0185]


Commercial Driver's License: State of Hawaii; Application for 
Exemption

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department 
of Transportation (DOT).

ACTION: Notice of final disposition; grant of application for 
exemption.

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SUMMARY: FMCSA announces its decision to grant an exemption to the 
State of Hawaii allowing the State to waive specific portions of the 
commercial driver's license (CDL) skills test for CDL applicants who 
take the skills test on the islands of Lanai and Molokai and issue 
these drivers a restricted CDL. The Agency grants this exemption 
because the islands of Lanai and Molokai do not have the highway 
infrastructure to support a demonstration of certain on-road safe 
driving skills required by the CDL skills test requirements. FMCSA 
concludes that granting the exemption, subject to the terms and 
conditions set forth below is likely to maintain a level of safety 
equivalent to or greater than the level of safety that would be 
maintained absent the exemption.

DATES: The exemption is effective from February 20, 2024 through 
February 20, 2026.

FOR FURTHER INFORMATION CONTACT: Mr. Richard Clemente, FMCSA Driver and 
Carrier Operations Division; Office of Carrier, Driver and Vehicle 
Safety Standards; (202) 366-2722; [email protected]. If you have 
questions on viewing or submitting material to the docket, contact 
Docket Services at (202) 366-9826.

SUPPLEMENTARY INFORMATION:

I. Public Participation

Viewing Comments and Documents

    To view comments, go to www.regulations.gov, insert the docket 
number ``FMCSA-2023-0185'' in the keyword box, and click ``Search.'' 
Next, sort the results by ``Posted (Newer-Older),'' choose the first 
notice listed, and click ``View Related Comments.''
    If you do not have access to the internet, you may view the docket 
by visiting Dockets Operations on the ground floor of the DOT West 
Building, 1200 New Jersey Avenue SE, Washington, DC 20590, between 9 
a.m. and 5 p.m., ET, Monday through Friday, except Federal holidays. To 
be sure someone is there to help you, please call (202) 366-9317 or 
(202) 366-9826 before visiting Dockets Operations.

II. Legal Basis

    FMCSA has authority under 49 U.S.C. 31136(e) and 31315(b) to grant 
exemptions from certain Federal Motor Carrier Safety Regulations 
(FMCSRs). FMCSA must publish a notice of each exemption request in the 
Federal Register (49 CFR 381.315(a)). The Agency must provide the 
public an opportunity to inspect the information relevant to the 
application, including any safety analyses that have been conducted. 
The Agency must also provide an opportunity for public comment on the 
request.
    The Agency reviews safety analyses and public comments submitted 
and determines whether granting the exemption would likely maintain a 
level of safety equivalent to, or greater than, the level that would be 
achieved by the current regulation (49 CFR 381.305(a)). The decision of 
the Agency must be published in the Federal Register (49 CFR 
381.315(b)). If granted, the notice will identify the regulatory 
provision from which the applicant will be exempt, the effective 
period, and all terms and conditions of the exemption (49 CFR 
381.315(c)(1)). If the exemption is denied, the notice will explain the 
reason for the denial (49 CFR 381.315(c)(2)). The exemption may be 
renewed (49 CFR 381.300(b)).

III. Background

Current Regulatory Requirements

    The safe on-road driving skills applicants must possess and 
demonstrate to obtain a CDL for a vehicle class are identified in 49 
CFR 383.113(c). Under 49 CFR 383.113(c)(2) and (4), CDL applicants must 
demonstrate, respectively, the ability to signal appropriately when 
changing direction in traffic and to choose a safe gap for changing 
lanes, passing other vehicles, and crossing or entering traffic.
    As prescribed in 49 CFR 383.153(a)(10)(ix), a State has the 
discretion to impose restrictions on a

[[Page 12941]]

CDL or create its own restrictions using additional codes for 
additional restrictions, as long as each such restriction code is fully 
explained on the front or back of the CDL document.

Applicant's Request

    The State of Hawaii applied for an exemption from the requirements 
that a CDL applicant demonstrate the following safe on-road driving 
skills: the ability to signal appropriately when changing direction in 
traffic (49 CFR 383.113(c)(2)); and the ability to choose a safe gap 
for changing lanes, passing other vehicles, and crossing or entering 
traffic (49 CFR 383.113(c)(4). The applicant states that the islands of 
Lanai and Molokai do not have the highway infrastructure to support a 
demonstration of these safe on-road driving skills as required by 49 
CFR 383.113(c)(2) and (4). The islands do not have at least two miles 
of a straight section of urban business street and at least two miles 
of an expressway or highway section with multiple lanes going in each 
direction to allow the ability to legally change lanes. The State of 
Hawaii proposed to establish a new CDL restriction ``R,'' limiting the 
CDL's validity to the islands of Lanai and Molokai only and would be 
applied to these drivers who pass a CDL skills test without 
demonstrating those two skills. The applicant stated that if it stops 
offering CDL road tests on both islands it will be a significant 
barrier for CDL applicants to meet all of the required skills test 
standards and obtain a CDL. Furthermore, there will be a negative 
economic impact on the communities' livelihood.

IV. Public Comments

    On August 25, 2023, FMCSA published a notice of the State of 
Hawaii's application and requested public comment (88 FR 58434). The 
Agency received one comment that was not responsive to the request.

V. FMCSA Safety Analysis

    The Agency believes allowing Hawaii to issue restricted CDLs to 
drivers operating a commercial motor vehicle (CMV) on the islands of 
Lanai and Molokai is likely to maintain a level of safety that is 
equivalent to, or greater than, the level of safety maintained without 
the exemption (49 CFR 381.305(a)). The exemption applies only to CDL 
applicants taking the skills test on the islands of Lanai and Molokai 
and limits these drivers to operating a CMV on those two islands only.
    FMCSA reviewed the information in the State's application and the 
exhibits submitted including aerial and map views of the testing 
routes. The information provided by the State supports the State's 
assertion that the islands of Lanai and Molokai lack the highway 
infrastructure to permit CDL applicants to demonstrate their ability to 
signal appropriately when changing direction in traffic, and the 
ability to choose a safe gap for changing lanes, passing other 
vehicles, and crossing or entering traffic. Therefore, CDL applicants 
who drive a CMV only on the islands of Lanai and Molokai do not need to 
demonstrate those skills to obtain their restricted CDL.

VI. FMCSA Decision

    FMCSA has evaluated the State of Hawaii's application for exemption 
and exhibits and the public comment. Based on its analysis, FMCSA 
hereby grants Hawaii an exemption from 49 CFR 383.113(c)(2) and (4) for 
CDL applicants taking the CDL skills test on the islands of Lanai and 
Molokai and allowing Hawaii to issue restricted CDLs limiting these 
drivers to operating a CMV on the islands of Lanai and Molokai. 
Allowing the State of Hawaii to conduct an abbreviated safe on-road 
driving skills test and issue restricted CDLs permitting the driver to 
operate a CMV only on the islands of Lanai and Molokai where the 
roadways do not require drivers to demonstrate such skills will bypass 
the infrastructure barriers CDL applicants on these two islands 
experience while establishing safeguards to maintain an equivalent 
level of safety.

VII. Exemption Decision

A. Grant of Exemption

    FMCSA grants an exemption from 49 CFR 383.113(c)(2) and (c)(4) for 
a period of two years subject to the terms and conditions of this 
decision.

B. Applicability

    The State of Hawaii may issue restricted CDLs under this exemption 
only to drivers who take the CDL skills test on the islands of Lanai 
and Molokai.

C. Terms and Conditions

    The State of Hawaii and drivers operating under this exemption are 
subject to the following terms and conditions:
    1. The State of Hawaii may waive only the following portions of the 
CDL skills test, as set forth in 49 CFR 383.113(c), that cannot be 
performed due to infrastructure limitations on the identified islands:
    a. ability to signal appropriately when changing direction in 
traffic (49 CFR 383.113(c)(2)); and
    b. ability to choose a safe gap for changing lanes, passing other 
vehicles, and for crossing or entering traffic (49 CFR 383.113(c)(4)).
    2. The State of Hawaii must comply with 49 CFR 383.133(b) and 
383.135(a) of the knowledge tests standards for testing procedures and 
methods set forth in 49 CFR part 383, subpart H, and must continue to 
administer knowledge tests that fulfill the content requirements of 
subpart G.
    3. Drivers applying for a CDL to be issued under this exemption 
must take the CDL skills test on either the island of Lanai or Molokai.
    4. Drivers issued a restricted CDL under this exemption may operate 
a CMV only on the islands of Lanai and or Molokai. The State of Hawaii 
must establish a new state CDL restriction, ``R--Restriction'', with 
the following description printed on the back of the license 
``Restricted to Lanai and Molokai''. These restrictive CDLs will not be 
valid for use on Kauai, Oahu, Maui, Hawaii island, the U.S. Mainland 
and anywhere else U.S. CDLs are valid for use.
    5. The drivers must comply with all other applicable Federal Motor 
Carrier Safety Regulations (49 CFR part 350-399).
    6. The State of Hawaii must include notice on a restricted CDL 
issued pursuant to this exemption of the geographical area(s) in which 
the CDL holder may operate a commercial motor vehicle in accordance 
with 49 CFR 383.153(a)(10)(ix).

D. Preemption

    In accordance with 49 U.S.C. 31315(d), as implemented by 49 CFR 
381.600, during the period this exemption is in effect, no State shall 
enforce any law or regulation that conflicts with or is inconsistent 
with this exemption with respect to a person operating under the 
exemption.

E. Notification to FMCSA

    The State of Hawaii must provide to FMCSA, upon request, a list of 
all drivers issued restricted CDLs under this exemption.

F. Termination

    FMCSA does not believe that drivers covered by this exemption will 
experience any deterioration of their safety record. The Agency will, 
however, rescind the exemption if: (1) the State of Hawaii or drivers 
operating under the exemption fail to comply with the terms and 
conditions of the exemption; (2) the exemption results in a lower level 
of safety than was maintained before it was granted; or (3) 
continuation of the exemption would not be consistent with the goals 
and

[[Page 12942]]

objective of 49 U.S.C. 31136(e) and 31315(b).

Sue Lawless,
Acting Deputy Administrator.
[FR Doc. 2024-03328 Filed 2-16-24; 8:45 am]
BILLING CODE 4910-EX-P